Millions of people are killed or injured annually in personal injury accidents. Anybody who suffers personal injury is entitled to compensation from the person whose actions led to the injury. Each case is specific, and the dynamics differ.
Personal injury cases, regardless of their dynamics, have elements that must be proven in court for you to get compensation. These elements, according to experienced personal injury lawyers at William R. Rawlings & Associates, are complex and require a personal injury attorney in Salt Lake City to help you navigate to get your fair compensation. Here are some of the elements that should be proven beyond doubt in personal injury cases.
The defendant owes a duty of care to you
For you to win fair compensation in a personal injury case, you must prove that the defendant owes a duty of care to you and that he or she breached it. This means that the defendant in your case had a legal responsibility to act carefully but breached this responsibility by omission. The breach can also be through intentional conduct or recklessness.
The defendant’s breach caused your injury
In this element, you should prove that your injury is a consequence of something the defendant did or failed to do. You should show that had it not been for the defendant’s actions, the circumstances would have been different. Personal injury lawyers usually use a ‘’but for’’ expression to articulate this element.
The injury is compensable
Unless you can prove that the harm caused by your accident is compensable, then you have no case. You should show that the injuries from your accident have a particular monetary value like lost wages, property damages, and medical costs. You may also opt to file a suit for non-economic damages like pain and suffering.
Though these elements might seem restrictive, they are that way so that nobody sues anyone wrongly. You should hence be sure before filing a personal injury suit. If you are not sure about the dynamics of your case, get a lawyer to advise you on the best course for you.